4th October 2010

The case of a Brighton stand-up comic and his ex-wife may prompt wives of comedians to seek post-nuptial agreement clauses which forbid the use of their relationship in prospective jokes and routines.

The 37-year-old comedian separated from his wife of nineteen months in 2007 with deliberations over the proposed financial settlement taking more than two years to resolve.

However, in April 2009 Brighton divorce solicitors for the wife sent the estranged husband's law team a letter demanding that he must not use the circumstances of their divorce as material for his work.

The letter said, "Our client is concerned that your client may inadvertently include material in his routine which could cause her professional embarrassment, and this additional protection is therefore reasonably requested."

The comedian's lawyers raised issues of freedom of speech and the Human Rights Act, and submitted that at the late stage of divorce proceedings it was inappropriate to introduce a "potentially complex area of law and an entirely fresh requirement".

The matter was not taken further, yet the comic is aware of the potential for other legal action.

"My solicitor said ‘if you are going to say anything, make sure it's true because otherwise it is slander'," he said.

The comedian intends to use material concerning his divorce in a performance at Brighton Comedy Festival this month.

It has not been disclosed whether the comedian's second wife, who he married a month ago, is considering a post-nuptial agreement clause to secure confidentiality for herself should the marriage break down in the future.